Last Updated on September 15, 2020
Celerium Inc. has created an initiative called the CMMC Academy which is focused on helping U.S. DOD suppliers (both prime contractors and subcontractors) learn more about the DOD compliance program called "Cybersecurity Maturity Model Certification" (CMMC).
As part of our initiative, the CMMC Academy (the "Academy") will provide website information, webinars, briefings or events and various self-assessment and other CMMC readiness tools. The Academy may also have one or more associated websites with additional information for pertaining to CMMC. It is our intention that most of the Academy material (website information, webinars and certain tools) will be free. However, it may be the case that selected briefings, events, tools and/or courses will be subject to a fee.
Celerium reserves the right, in its sole discretion, to deny access to and/or use of the Sites or Services to any applicant for any reason.
Promotional Content. Areas of the Sites or Services may include use of a promotional message box or other promotional messaging, where we may share information concerning upcoming briefings, webinars or introduce our Services and/or Celerium solutions that may be relevant and of interest to you. In addition, certain Content curated from third parties may include promotional messages and links from such third parties promoting their products or services, over which Celerium has no control. Being exposed to such promotional messages is a condition of accessing the Sites and/or Services. The existence of such third-party promotional content does not indicate an endorsement by us of the third-party products, services or linked website. Unless otherwise indicated, the linked websites are not under our or any of our affiliated companies' control, and we are not responsible for the content, security or privacy of any linked website or any link contained in any promotional message.
Accessibility. You agree that from time to time the Sites may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions; (ii) periodic maintenance that we may undertake from time to time; or (iii) causes beyond our control, whether or not foreseeable.
2. Types of Content
"Celerium Content" means the Content we create or have created for us, and which we upload to the Sites and/or Services.
"Third-party Content" means Content created by a third party that is uploaded to the Sites and/or Servicers or information that is in the public domain which we display on our Sites and/or Services. Unless otherwise specified, Celerium does not pre-screen, edit or fact-check Third-party Content. Third-party Content also includes the statements made by parties other than Celerium found in our articles or videos.
We reserve the right to remove and permanently delete any Content from the Sites and/or Services without notice.
3. CMMC Tools; Collection and Use of Data
CMMC Tools. Celerium may include various educational and self-assessment tools in the form of spreadsheets, surveys, questionnaires, quizzes, courses or other documents for your use as part of the Academy Sites (collectively, "CMMC Tools"). The CMMC Tools consist of a collection of CMMC knowledge or courses, compliance assessment questions, and/or notes compiled in an easy-to-use format. The CMMC Tools are provided as a starting point in your CMMC compliance self-assessment, for educational purposes, and/or to test your knowledge of CMMC. The CMMC Tools may include questions and/or notes published by the DOD to the extent such questions and/or notes exist as of the date stated on the particular CMMC Tool. Where no assessment questions or notes are yet published, we have included some based on our interpretation of the requirements at that date, which may or may not be accurate and are subject to change as more information becomes available.
The CMMC Tools are for your internal use only for your internal CMMC knowledge and compliance assessment. You may not share the CMMC Tools with third parties. If you have a supplier or other business partner with whom you desire to use the CMMC Tools, such supplier/business partner must register as a member of the Academy to gain access to the CMMC Tools, or otherwise contact Celerium for access.
The CMMC Tools are not intended to replace legal or compliance advice or review. The CMMC Tools will require updating and modification as compliance regulations and the DOD CMMC assessment guide are published, interpreted and/or updated. Such updates or modifications are your obligation, and Celerium is under no responsibility to provide updates to the CMMC Tools.
USE OF THE CMMC TOOLS IS AT YOUR OWN RISK. NEITHER CELERIUM NOR ANY PERSON ASSOCIATED WITH CELERIUM MAKES ANY WARRANTY, GUARANTY OR REPRESENTATION WITH RESPECT TO THE ACCURACY, COMPLETENESS, RELIABILITY OR VALIDITY OF THE CMMC TOOLS OR ANY OF THEIR CONTENT. NOR DOES CELERIUM WARRANT OR GUARANTY THE CMMC TOOLS ARE UP TO DATE WITH RESPECT TO THE CURRENT STATUS OF THE CMMC CERTIFICATION REGULATIONS OR GUIDELINES. CELERIUM SHALL HAVE NO RESPONSIBILITY OR LIABLITY TO YOU FOR ANY USE OF OR RELIANCE ON THE CMMC TOOLS.
Collection and Use of Data Uploaded by CMMC Tools. When you use a CMMC Tool that is completed online or is uploaded to the Sites (for example, you take a CMMC quiz or choose to upload any portion of a CMMC self-assessment tool), the data is uploaded to and stored on Celerium's system and may be used as you progress through additional tools to earn points, etc. Celerium may also use and share this data in aggregated or anonymized form to analyze trends, to analyze and improve upon the effectiveness of the CMMC Tools, to create or improve upon CMMC-related courseware or other educational materials, to administer the Sites, to gather information about CMMC knowledge and compliance readiness, to provide high level reports concerning industry trends or trends within an industry membership organization (such as an ISAC) around CMMC knowledge and/or compliance readiness, to conduct research. Celerium will not share your detailed personal or business information provided for use of the CMMC Tools with your business partner(s) or other third parties without your consent.
Celerium, its potential advertisers, sponsors and licensors, as the case may be, own all right, title and interest, including all worldwide intellectual property rights in: the Sites and/or Services and the organization, compilation, look and feel of the Sites and/or Services, advertisements appearing on or linked to or from the Sites or Services, trademarks, service marks and logos contained on the Sites or Services and all other code, scripts, data and meta data appearing on, or incidental to the storage and display of the Content. The Sites and all Content, including the layout and display features of User Content, and the layout and design of any public information that we display are collectively referred to as "the IP."
You may access and use the IP solely for your own internal business and non-commercial use. You may not transfer, assign, sell, sublicense or re-license this right of access and use to anyone without our prior written consent. This right of access and use does not convey any ownership rights whatsoever; it is merely a limited personal license exclusive to you and to you only.
Content that is dated is current only as of that date. All of the IP, unless otherwise noted, is under copyright to Celerium or its Third-party Content providers. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary right notice incorporated in or accompanying the IP, without our prior written consent.
You may not sell, publish, distribute, retransmit, rearrange, modify, prepare derivative works based on, perform, display, broadcast, sell, license, provide others with access to the Sites or Services, or otherwise exploit the IP without our prior written consent.
No Content on our Sites may be scrubbed, framed, copied, reproduced, republished, uploaded, posted, transmitted, distributed, scraped, harvested, spidered and/or exploited in any way, including by email or other electronic means for commercial use without proper license agreements with Celerium. Such use of the Content is considered theft and may be subject to prosecution. You agree not to create abstracts from, scrape, harvest or extract, or display headlines from our Content for use on another website or service. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without our prior written consent.
5. Third-party Links, and Links to Celerium's Sites or Services from Third Parties
We may provide links to other websites or resources over which Celerium does not have control ("External Websites"). Such links do not constitute an endorsement by Celerium of those External Websites. Celerium is providing these links to you only as a convenience. Your use of External Website is subject to the terms of service and privacy policies located on the linked External Website.
6. User Feedback and Other Information Submitted to Celerium
Users may submit feedback, ideas, questions, responses to surveys or questionnaires, contests, rankings of the Sites or Content, and the like (collectively, "Feedback") to Celerium. Any and all Feedback provided by you with respect to the Sites or Services will be the property of Celerium. You hereby assign to Celerium all right, title and interest worldwide in such Feedback and any and all related intellectual property rights therein, and you agree to assist Celerium, at Celerium's expense, in perfecting and enforcing any such rights.
7. User Account Registration and Security; Termination of User Account
In order to access and use the Services, you must register by creating a User account which will require you to provide certain registration information which must be accurate and kept updated ("Registration Information"). You will also create login credentials by selecting a password and providing an email address.
8. Reliance on Information Posted.
The information presented on or through the Sites or Services is made available solely for general information purposes only and does not constitute specific, legal or other advice or recommendations. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.
The Sites and Services may include Content provided by third parties, including materials provided by other users, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other Content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Celerium. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
9. Indemnification, Disclaimer of Warranty, Limitation of Remedies
By accessing the Sites and/or submitting User Content to any of the Sites you agree that you will:
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITES, CONTENT, AND ANY CMMC TOOLS, SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, CONTENT, AND ANY CMMC TOOLS, SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CELERIUM NOR ANY PERSON ASSOCIATED WITH CELERIUM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, VALIDITY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER CELERIUM NOR ANYONE ASSOCIATED WITH CELERIUM REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, CELERIUM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CELERIUM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITE LINKED TO THE SITES, ANY CONTENT ON ANY OF THE SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR EVEN IF CELERIUM WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER CELERIUM NOR ANY OF ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, PARTNERS, AGENTS, and REPRESENTATIVES, THIRD- PARTY SERVICE PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR MORE THAN AN AGGREGATE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00). THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Prohibited Use of the Sites or Services
You may not use the Sites or Services in violation of applicable laws or in violation of our or any third party's IP or other proprietary or legal rights. You further agree that you will not, directly or indirectly, modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Sites; or attempt to probe, scan or test the security measures on the Sites or any Celerium system or network and/or attempt to identify system vulnerabilities or breach or impair or circumvent any security or authentication measures protecting the Sites.
You further agree that you shall not:
(i) violate or attempt to violate any security and access control provisions implemented in or in connection with the Sites, Services or Content; or do anything to interfere or attempt to interfere with the operation of Sites or Services, display of the Content, or the use of the Sites by other Users;
(ii) log in with a password not assigned to you or access Content not intended for you;
(iii) forge any of the header information in any posting or tamper with the TCP/IP packet header; or
(iv) use the Sites to send altered, deceptive or false source-identifying information;
You are also prohibited from:
impersonating or misrepresenting your affiliation with any person or entity; committing fraud;
allowing a third party to access the Content under your account;
entering false or misleading information on any forms requesting information from you, or creating user accounts by automated means or under false pretenses or misleading others as to the origins of your communications;
tricking, defrauding, deceiving or misleading the Sites or other users, especially in any attempt to learn sensitive information;
making improper use of the Sites, Services or support services or submitting false reports of abuse or misconduct;
creating or transmitting unwanted electronic communications such as "spam," to other users or members of the Academy or otherwise interfering with other users' or members' enjoyment of Sites or Services;
disparaging, tarnishing, or otherwise harming, in Celerium's sole opinion, Celerium, the Academy, the Sites or Services and/or any of their Users;
disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or any other malicious or invasive code or program, or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices;
reverse engineering, decompiling, reverse assembling, modifying or attempting to discover any software (source code or object code) that the Sites create to generate web pages or any software or other products or processes accessible through the Sites;
except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Sites or uses or launches any unauthorized script or other software;
accessing or searching or attempting to access or search the Sites by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Celerium (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us;
covering or obscuring any notice, banner, advertisement or other branding on the Sites; or
selling access to the Sites or any part thereof other than through a mechanism approved by Celerium; or interfering with or disrupting (or attempting to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Sites, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Sites or Services.
You are also prohibited from:
including any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
including hateful, profane, obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
defaming, libeling, ridiculing, mocking, disparaging, threatening, harassing, intimidating or abusing anyone;
promoting violence, illegal drug use, or substance abuse or describing how to perform a violent act, use illegal drugs or abuse other substances;
violating the contractual, personal, intellectual property or other rights of any person, or promoting illegal activity;
This list of prohibitions and requirements above is illustrative and not intended to be complete or exclusive. Celerium reserves the right to prohibit your access to the Sites and/or Services for any action that Celerium, in its sole judgment, determines to be inappropriate or disruptive to the Sites, Services or to any other User.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS CELERIUM AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CELERIUM AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER CELERIUM OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Celerium reserves the right to moderate or review User Content; however, the foregoing prohibitions do not impose on Celerium, and Celerium does not assume any obligation, to monitor or remove any Content. By using the Sites, you hereby acknowledge and agree that you may be exposed to content that is offensive, indecent or objectionable to you. Your access to the Sites is undertaken at your own risk and Celerium is not responsible for any offensive or otherwise objectionable materials in the Content.
11. Modification or Termination of Sites, Services or Content
Celerium reserves the right to modify the Sites, and the Content at any time, without notice to you. Celerium also reserves the right to terminate, in whole or in part, the Sites, and the Content, without notice to you. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, we will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
Celerium controls and operates these Sites from its headquarters in the State of California in the United States of America. It makes no representation that the Content is appropriate or will be available for use in locations other than the United States. If you use these Sites from outside California or the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content.
13. Applicable Law; Disputes
14. No Third-party Beneficiaries
15.Entire Agreement and Interpretation